Section 3322 - Criminal penalties(a) Mining without a license or permit or in violation of terms of license.--Any person who proceeds to mine minerals by the surface mining method as an operator, without having applied for and received a license or a permit as provided in this act or in violation of the terms of his license, commits a misdemeanor of the third degree and, upon conviction, shall be sentenced to pay a fine of not less than $10,000 or an amount not less than the total profits derived by him as a result of his unlawful activities, as determined by the court, together with the estimated cost to the Commonwealth of any reclamation work that may reasonably be required in order to restore the land to its condition prior to the commencement of unlawful activities or to imprisonment for a period of not more than one year, or both.(b) Violations generally.--Any person who violates any provision of this act, any rule or regulation of the department, any order of the department or any condition of any permit issued under this act commits a summary offense and, upon conviction, shall be subject to a fine of not less than $100 nor more than $10,000 for each separate offense and, in the default of the payment of the fine, a person shall be imprisoned for a period of 90 days.(c) Willful and knowing violations.--Any person who willfully and knowingly violates any provision of this act, any rule or regulation of the department, any order of the department or any condition of any permit issued under this act commits a misdemeanor of the third degree and, upon conviction, shall be subject to a fine of not less than $2,500 nor more than $25,000 for each separate offense or to imprisonment for a period of not more than one year, or both.(d) Repeat willful and knowing violations.--Any person who, after a conviction of a misdemeanor for any violation within two years as above provided, willfully and knowingly violates any provision of this act, any rule or regulation of the department, any order of the department or any condition of any permit issued under this act commits a misdemeanor of the second degree and, upon conviction, shall be subject to a fine of not less than $2,500 nor more than $50,000 for each separate offense or to imprisonment for a period of not more than two years, or both.(e) Separate offenses.--Each day of continued violation of any provision of this act, any rule or regulation of the department, any permit condition or order of the department issued under this act shall constitute a separate offense for purposes of subsections (b) through (d).(f) Jurisdiction; appeals.--All summary proceedings under this act may be brought before any district justice of the county where the offense occurred or any unlawful discharge of industrial waste or pollution was maintained or in the county where the public is affected, and, to that end, jurisdiction is hereby conferred upon the district justices, subject to appeal by either party in the manner provided by law. In the case of any appeal from any such conviction in the manner provided by law for appeals from summary convictions, it shall be the duty of the district attorney of the county to represent the interests of the Commonwealth.1984, Dec. 19, P.L. 1093, No. 219, § 22, effective in 60 days.